COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, October 08, 2007

HEADED ITEM NO. 8(c)

PROPOSED DISPOSAL OF PROPERTIES/SITES

Development Department,

County Hall,

Town Centre,

Tallaght, Dublin 24.

28 th September 2007

TO: EACH MEMBER OF SOUTH DUBLIN COUNTY COUNCIL

LD 991 Re: Proposed disposal of land surplus to Southern Cross Motorway adjacent to 65 Prospect View, Rathfarnham to Mr. Derek Gallagher

The Council at its meeting held on 13th December, 2004 noted the disposal of two plots of land adjacent to Nos. 65 and 68 Prospect View, Rathfarnham to Derek Gallagher and John and Siobhan McCormack owners of Nos. 65 and 68 respectively, for incorporation into their existing gardens. These lands were acquired for the Southern Cross Route Motorway and are surplus to Road requirements. Minute No. (C/1002/04) refers. The disposal of the plot to John and Siobhan McCormack of No 68 Prospect View was subsequently completed.

In the course of preparing accurate disposal maps in respect of the plot adjacent to No 65 Prospect View, it was noted that a portion of the existing property at 65 Prospect View encroached onto lands registered to the Council. Following further investigations and discussions with the house owner and the original developers of this estate, it would appear that the encroachment took place at the time of building of the house. The Council’s Valuer was instructed to recommend terms for the disposal of the Council’s interest in the disputed area of land, in order to regularise the title. The Valuer has now recommended terms which he considers to be fair and reasonable and which have been accepted by the applicants.

I recommend that the Council dispose of the freehold interest in an additional area of land measuring 335 square metres or thereabouts to Derek Gallagher, 65 Prospect View, Rathfarnham as outlined in red on Drawing No. LA/10/06, in accordance with Section 211 of the Planning and Development Act, 2000 and subject to the provisions of Section 183 of the Local Government Act, 2001 subject to the following terms and conditions as recommended by the Council’s Valuer:-

1. That the Council shall dispose of the freehold interest in the plot of land as shown outlined in red on Drawing No. LA/10/06, for the sum of €40,000.00 (forty thousand euro) subject to the Council retaining wayleaves to any services traversing the site, (if any).

2. That each party shall be responsible for their legal and other fees in this matter.

The terms for the disposal of adjoining plot of land as approved by the Council previously on 13th December, 2004 to remain unchanged.

The lands to be disposed of form part of lands acquired from Clonbracken Limited in 2000 for roads purposes.

J. Horan

County Manager